CERD/C/USA/CO/7-9
24. While acknowledging the steps taken by the State party to recognize the culture and traditions of indigenous peoples, including the support for the United Nations Declaration on the Rights of Indigenous Peoples announced by President Obama on 16 December 2010, the issuance of Executive Orders 13007 and13175 and the high-level conferences organized by President Obama with tribal leaders, the Committee remains concerned at:
(a) Lack of concrete progress to guarantee, in law and in practice, the free, prior and informed consent of indigenous peoples in policy-making and decisions that affect them;
(b) The ongoing obstacles to the recognition of tribes, including high costs and lengthy and burdensome procedural requirements;
(c) Insufficient measures taken to protect the sacred sites of indigenous peoples that are essential for the preservation of their religious, cultural and spiritual practices against polluting and disruptive activities, resulting from, inter alia, resource extraction, industrial development, construction of border fences and walls, tourism and urbanization;
(d) The ongoing removal of indigenous children from their families and communities through the United States child welfare system;
(e) The lack of sufficient and adequate information from the State party on the measures taken to implement the recommendations of the Committee in its Decision 1(68) regarding the Western Shoshone peoples (CERD/C/USA/DEC/1), adopted under the Early Warning and Urgent Action procedure in 2006, as well as the ongoing infringement of the rights of the Western Shoshone peoples (arts. 5 and 6). Recalling its general recommendation No. 23 (1997) on indigenous peoples, the Committee calls upon the State party to: (a) Guarantee, in law and in practice, the right of indigenous peoples to effective participation in public life and in decisions that affect them, based on their free, prior and informed consent; (b) Take effective measures to eliminate undue obstacles to the recognition of tribes; (c) Adopt concrete measures to effectively protect the sacred sites of indigenous peoples in the context of the State party’s development or national security projects and exploitation of natural resources, and ensure that those responsible for any damages caused are held accountable; (d) Effectively implement and enforce the Indian Child Welfare Act of 1978 to halt the removal of indigenous children from their families and communities; (e) Take immediate action to implement the recommendations contained in Decision 1(68) on the Western Shoshone peoples and provide comprehensive information to the Committee on concrete measures taken in that regard.